Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-03-16
APPLICATIONS roR PATENT.

APPLICATION FOR PATENT.
Register and Receiver they become . part Of
the record, and can neither be Withdrawn nor
returned. but must be transmitted to the Gen
erAl Land Office.
An application will be rejected when the
scription of the premises IL erroneous or
sufficient. 8
Application for patent will be rejected be.
cause:
First TIL notice was published without the
knowledge Of the Register.
~seoond-The notice was not published In q
newspaper designated as published nearestt the
claim.
Third-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending . suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located In scoord-
ancs with law.
Where several parties W separate and dis
tinct portions Of . claim. application for
patent may be made by either for tha al portion
Of the claim owned by him; but where several
parties own undivided interests in : mining
claim all should Join in an application for .
patent.
A person or association may purchase as
1a88T - - taI = w " .
and embrace them all in one application for .
patent.
Two or more lodes cannot be embraced in
one application for . patent except Tor placer
claims embracing two or more lodss within
their boundaries
Papers sworn TO before any person purport-
ing TO oct as . deputy for the Register and Re
ceiver cannot be recorded % evidence.
In all patents for mining claims situated
within the interior boundaries Of town site
. clause 10 inserted Excepting and excluding
all town property, rights upon the surface,
and all houses, buildings. structures. lots,
blocks, streets, alleys or other municipal i'm
provements not belonging to the grantee here
In, and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication of notice must be made q only
one newspaper for the period Of 90 days.
Notice must be published 10 consecutive
weeks In weekly newspapers. and In daily
newspapers 60 days must elapse between the
frat and last insertions.
Where the Register d esignstes the tally issue
of O newspaper fer publication Of notices of o
mining application for patent 1t IL not q COM
pliance with law to change to the weekly edi.
ton OF the same paper without authority Of
the Register.
The existence Of q salt spring on . tract of
land withdraws Ii from the operation Of the
homestead and presumption laws. A hearing
for the purpose OF proving the agriculture
character of such land 10 not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADvKRsK CLAIMS.
Adverse claimants must fle q separate and
distinct claim agsfnst each application which
It IL alleged conflicts with the premises owned
by such adverse claimant.
The papers in an adverse claim, once hled
cannot be Withdrawn. but become s Q part Of the
record.
When an adverse claim has been nled 1t can.
Il WAt hA ANnAnAA . IN -.
ton Of the premises than that described in the
original adverse claim.
An adverse claim must be made out In
proper form and hied in the proper local Office
during the period OF publication Of the appli-
cation for the patent to be effective.
1t 10 the duty Of the adverse claimant o
suit In proper form within the 70.
CURED time, and II he trusts the uncertain
medium Of the United States mail he must
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result Of
the corrupt or dishonest action Of his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de-.
tail the facts upon which he bases hia adverse
claim. A statement In general terms, embody.
ing conclusions OF law, without stating the
facts specially. will not he considered in evi.
dence.
An adverse claimant should show q compli.
ance with the local laws In recording his clsim
and in regard to expenditures. and shall ale a
copy Of the original notice Of his location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties to q suit that they
compose the company 10 sufhcient, and they
are not required to prove that they are the
original ~iocators or the identical parties who
present the adverse claim.
A~aRIcuLruRAL Oh MINERAL LANDS.
Where land 10 Of little. IL any value, for aQri.
cultural purposes, but 10 essential to the
proper development Of mining claims. a
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
deposits have been included In an agricultural
entry. said entry will be cancelled 1t any time
prior to issuance Of patent. upon satisfactory
evidence Of the existence Of such valuable de.
posts.
Where valusble deposits Of mineral are dis.
covered upon . tract sitter the same aas been
entered ~ agricultural, but before 1 stent has
been issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be cancelled To-
that portion of the land embraced BY said
mining claim.
Where mineral deposits are discovered on
Agricultural lands after the patent has been
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived in payment for claims.